PR for Child Born outside Canada to PRs 

PMM

Posts: 661

Hi,

Me, my wife and my daughter are all permanent residents of Canada and all of us have completed 2+ years (out of 5 years) residency obligation.

My wife is pregnant and is currently in India where we plan to have our 2nd child born.

Could you kindly advise me on the process on how soon I can bring the new born back to Canada on PR or any other option where he/she would be eligible for healthcare as well ?

If I have to sponsor from within Canada:

Can I start the sponsorship process?

And leave Canada to stay with my family in India and come back once the application is approved ?


Thanks & Regards.

jijojose

Posts: 1

Hi, I and my wife are both Canadain Resident ( PR holder), we had our child born during COVID period outside Canada, now we want to travel back to Canada with our newborn Child. kindly explain what procedure wee need to follow to take him along us? and will he be considered as a PR holder due to special COVID scenario?

Moderator

Moderator

Posts: 4075

Hi, I and my wife are both have PR , child was born in India during pandemic . We have to travel back to Canada with our newborn Child as my wifes maternity leave completed last month. Have applied for TRV and its more than 4 months no response. Is there other option or can i apply PR from India for my child. Please guide if there is any other option as we need to travel back by Sep end.

Hi there,


Thank you for reaching out! We’re happy to try and help with your question.

If you wish for your child to become a permanent resident of Canada, you and your wife must sponsor them to become a permanent resident. Sponsorship is, essentially, a promise to support a person after they have immigrated to Canada. More information on family sponsorships for your child can be found in the guide to sponsoring your spouse, common-law partner, or dependant child.

In general, to be eligible to sponsor your child, you must be able to prove you can provide for the basic needs of yourself, your spouse, the child you wish to sponsor and any other children of you or your spouse. As a permanent resident, you are unable to sponsor a family member while residing outside of Canada. In order to sponsor your child you must submit the application after one of the parents returns to Canada.

Due to issues resulting from the COVID-19 pandemic, permanent resident applications may be delayed. For this reason, it’s advisable to get the application for sponsorship submitted as soon as possible when you return to Canada. This application should be submitted first and then you should apply for your child to accompany your wife to Canada, and then apply for a visitor visa or electronic travel authorization for your child, since you mentioned that you would return to Canada first.

For your child to accompany your wife, she does not require written authorization from Immigration, Refugees, and Citizenship Canada (IRCC), but she must have the necessary documentation for travel. This includes documentation showing her status as a permanent resident, in the form of valid PR card or Permanent Resident Travel Document (PRTD), your child’s passport, your child’s birth certificate, a visa or eTA, and something proving your relationship, such as a marriage certificate. If the birth certificate is in a language other than English or French, it must be accompanied by an official, certified translation.

If your child is a citizen of a country that requires a visa to enter Canada then you would need a Temporary Resident Visa (TRV) for your child. Details on this process can be found in the guide to applying for a visitor visa. If your child is a citizen of a country that does not require a visa to enter Canada, they will need an electronic travel authorisation (eTA) to enter. A list of countries that are visa exempt can be found on the IRCC website.

As your child was born outside of Canada, IRCC will also require additional documentation proving your relationship. If your wife has any medical records about her pregnancy from Canada, this should be included in your applications. Additionally, IRCC may require DNA testing to prove the relationship between parent and child. As you can imagine, this is a precaution as Canada needs to be certain that they abide by the United Nations convention against human smuggling. This testing is overseen by IRCC, but you would be required to cover the costs. More details on DNA testing can be found on the IRCC website.

Please let us know if you have any other questions.



Sincerely,


Your Settlement.Org team

Disclaimer:
This document does not contain legal advice.

This document was prepared with the assistance of PBSC University of Toronto law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.


Additionally, if you wish to sponsor your child when you return, and before your wife, you must be able to show that your wife agrees with your child immigrating to Canada.